SUNIL KUMAR SAHNI @ SHOLE Vs. STATE OF BIHAR

JUDGEMENT

(1.) SUNIL Kumar Sahni alias Shole has approached this Court for quashing the order dated 15th September, 2007 passed by the District Magistrate, Vaishali, whereby he has been detained under Section 12(2) of the Bihar Control of Crimes Act, 1981 (for short, 'the Act, 1981'). He has also prayed for quashing the order contained in memo dated 24th September, 2007, whereby the State Government has approved the order of detention and the petitioner has been ordered to be detained until 14.9.2008. Two fold contention has been advanced by the counsel for the petitioner before us, namely; (one) that although the petitioner made a representation under Section 17 of the Act, 1981 to the State Government on 23rd September, 2007, the said representation was not considered within reasonable time and rather it has been rejected after inordinate delay of almost 37 days by an order dated 27th October, 2007. He placed reliance upon the decision of the Division Bench of this Court in the case of Fakruddin Ali Ahmad alias Fakru vs. The State of Bihar & Ors.,, 2000 (2) PLJR 166, and (two) that Section 19 of the Act, 1981 mandates representation by the detenu to be placed before the Advisory Board and although such representation was made by the petitioner on 23rd September, 2007, it was never placed for consideration before the Advisory Board. Reliance in this regard is placed upon a decision of this Court in the case of Raj Kumar Gupta vs. The State of Bihar & Ors.,, 1990 (2) PLJR 639.

(2.) THE Bihar Control of Crimes Act, 1981 (for short, 'Act, 1981') makes special provisions for the control and suppression of anti -social elements with a view to maintenance of public order.

(3.) SECTION 17 obligates grounds of order of detention to be disclosed to the person affected by such order. It reads thus: -